The accused was charged with possession of Oxycodone contrary to the Controlled Drugs and Substances Act and two counts of failing to comply with a recognizance.
The first fail to comply charge was withdrawn.
At trial, the accused alleged violations of Charter rights under sections 8, 9, 10(a), and 10(b).
The court found serious breaches of section 8 (unreasonable search of vehicle) and sections 10(a) and 10(b) (failure to advise of reasons for arrest and right to counsel regarding drug charge).
The court excluded the seized drugs and incriminatory utterances under section 24(2) of the Charter and acquitted the accused of both remaining charges.
